Have You Revised Your Health Care Surrogate Forms? A Look Back at the October 2015 Revisions to the Florida Health Care Surrogate Act

In 2015, Florida made big changes to the Health Care Surrogates Act. Now, people can choose someone to make health care decisions for them even if they’re still able to make decisions. The person’s decisions will always outweigh the surrogate’s decisions. The law also allows the surrogate to see the person’s health information right away. The new law in Florida allows parents to name someone to make medical decisions for their kids if they’re not around. It also makes it easier for people to choose someone to make medical decisions for them if they can’t. Hospitals have to let the person know if their loved one can’t make their own medical decisions. And if a doctor says someone can’t make their own medical decisions, the hospital has to tell their regular doctor. In Florida, a durable health care surrogate is someone who can make health care decisions for you if you can’t. Even with a durable health care surrogate, your doctor still has to talk to you about your treatment. You can change or cancel your surrogate in different ways. The new law gives you the option to choose if you want your surrogate to make decisions now or only if you can’t. Make sure to talk to a lawyer about your options and update your forms to show your choice. These new rules started in October 2015, but they didn’t cancel old forms. The new act means that most doctors now spend more time with patients to explain their health care surrogate forms and choices. Many married couples, especially those in long-term first marriages and older couples, prefer creating durable health care surrogates. This means that if their health care surrogate can’t make decisions, they have an alternate person named. Here’s a form they might use:

HEALTH CARE SURROGATE FORM
I, (your name), choose (name of health care surrogate) to make health care decisions for me if I can’t. Their contact info is (address and phone). If they can’t do it, I choose (name of alternate health care surrogate) as a backup.

INSTRUCTIONS FOR HEALTH CARE
I give my health care surrogate permission to see my health info and make decisions for me if I can’t. I give someone the authority to make decisions about my healthcare if I am not able to. They can decide on treatments, apply for benefits, access my health information, and make anatomical gifts for me. While I am capable, my wishes are the most important, and they must keep me informed about any decisions they make for me. I can change or revoke this authority at any time. The person’s authority starts when my doctor says I can’t make my own healthcare decisions, unless I choose for it to start right away. If you want someone else to make health care decisions for you right away, you need to initial the box on the form. And if you’re a parent who wants someone else to make health care decisions for your kid when you’re not around, there’s a new form for that too. This can be helpful if you travel a lot or have someone else taking care of your kids. In Florida, parents or legal guardians can appoint someone to make medical decisions for their minor child by writing it down and having it witnessed. This can also be done before the child is born. The new law started on October 1, 2015, and many people may not know about it yet. Health Care Surrogate for Minor Form
I/We, (name/names), the [ ] natural guardian(s) as defined in s. 744.301(1), Florida Statutes; [ ] legal custodian(s); [ ] legal guardian(s) [check one] of the following minor(s): (name); (name); (name), choose the following person to make health care decisions for the minor(s) if I/we cannot:
Name: (name)
Address: (address)
Zip Code: (zip code)
Phone: (telephone)
If the person I/we choose can’t do it, I/we choose this person as an alternate:
Name: (name)
Address: (address)
Zip Code: (zip code)
Phone: (telephone)
I/We give permission to doctors and hospitals to follow the instructions of the person I/we choose, or the alternate, for any medical treatment for the minor. I/We understand that this person can make decisions about the minor’s health care and can apply for help paying for it. If you have a health care surrogate, you should update the form to make sure it’s durable. You should also consider designating a health care surrogate if you’re a minor. The new forms may be more complicated, but they give you more ways to empower your surrogate. It would be helpful for people to talk more about their experiences with health care surrogate forms. We want all our members to understand the importance of doing their job well and helping the public. We also want to make sure that the legal system works better and to keep learning about the law.

Source: https://www.floridabar.org/the-florida-bar-journal/have-you-revised-your-health-care-surrogate-forms-a-look-back-at-the-october-2015-revisions-to-the-florida-health-care-surrogate-act/